Yediyurappa's POCSO case hearing: Victim's statement key

Yediyurappa's POCSO case hearing: Victim's statement key
  • Yediyurappa faces POCSO case.
  • Victim's statement crucial to case.
  • High Court hearing underway.

The Karnataka High Court is currently hearing a petition filed by former Chief Minister B.S. Yediyurappa challenging a POCSO (Protection of Children from Sexual Offences) case against him. The case alleges that Yediyurappa sexually assaulted a 17-year-old girl at his residence. The prosecution, represented by the Criminal Investigation Department (CID) and Special Public Prosecutor Ravivarma Kumar, vehemently opposes the quashing of the case, arguing that the victim's statement, recorded before a magistrate under Section 164 of the Code of Criminal Procedure, is crucial evidence. The prosecution contends that the victim is the sole eyewitness to the alleged assault and that her testimony must be tested during the trial. The core of the prosecution's argument rests on the provisions of the POCSO Act, specifically Section 29, which establishes a presumption of guilt against the accused unless the contrary is proven. This legal presumption places the onus on Yediyurappa to demonstrate his innocence. The prosecution detailed the events leading to the filing of the complaint, highlighting the victim's account of the alleged assault and subsequent actions taken by her and her mother, including recording a video encounter with Yediyurappa.

The prosecution further presented evidence supporting the victim's claims. The Special Public Prosecutor highlighted the victim's statement detailing the incident, where she described Yediyurappa taking her into a room at his house, locking the door, and touching her inappropriately. This incident, according to the victim, allegedly took place under the pretense of an inquiry into a past incident of rape involving her father’s relatives. This statement, recorded under Section 164, carries significant legal weight due to its protective legal framework surrounding the recording process. The prosecution also addressed the allegation of bribery. While Yediyurappa admitted to providing ₹9,000 to the victim and her mother, claiming it was financial assistance, the prosecution argued that this could be interpreted as an attempt to influence the victim or her family. Additionally, the prosecution noted Yediyurappa's admission of an associate lending ₹2 lakh to the victim’s mother, which could further strengthen the bribery allegations. The forensic evidence provided to the court seemingly supports the victim's account, as a voice sample comparison confirmed that Yediyurappa’s voice matched the audio in the video recorded by the victim. Furthermore, the video itself was determined not to be morphed.

The defense, represented by Yediyurappa’s advocates, will have the opportunity to counter these arguments. The case hinges on the credibility of the victim’s testimony and the interpretation of circumstantial evidence. The judge’s assessment of the evidence presented will be paramount in determining the outcome. The case has garnered significant public attention due to Yediyurappa’s prominence as a former Chief Minister. The allegations of political motivation highlighted by the defense will also be a consideration during the trial. The implications of this case extend beyond the individual involved, underscoring the importance of addressing allegations of sexual assault, particularly those involving minors, with due diligence and upholding the rights of both the accused and the accuser. The legal arguments presented showcase the intricacies of the POCSO Act and the challenges faced by the judiciary in navigating such complex cases involving powerful individuals. The court's decision will have significant implications for the future application of the POCSO Act and the protection of child victims of sexual assault in India. The adjournment of the hearing indicates that this complex case will necessitate a thorough review of all available evidence before a judgment can be reached.

The case highlights the complexities of prosecuting such cases, especially when involving high-profile individuals. The legal battle will likely focus on challenging the credibility of the victim's statement, the interpretation of financial transactions, and the weight of circumstantial evidence against direct evidence. The potential political ramifications of the case also contribute to its significance. The outcome will undoubtedly have a broader impact on how similar cases are handled in the future. The thorough investigation by the CID and the forensic analysis of the evidence underscore the commitment to a just and transparent judicial process, despite the high-profile nature of the accused. The court's decision will serve as a precedent, setting a standard for future cases concerning sexual assault allegations against individuals in positions of power. The judicial process emphasizes the importance of a fair trial for both the accused and the victim, allowing all relevant evidence to be presented and scrutinized. The ongoing legal proceedings highlight the critical need for a robust legal framework that protects victims while ensuring due process for those accused.

Source: POCSO case against Yediyurappa cannot be quashed as victim’s statement has to be tested during trial as she is the lone eyewitness: CID tells Karnataka High Court

Post a Comment

Previous Post Next Post